conditions for employment, is a salary necessary?

[Offgridchris]

I am having all kinds of trouble sorting out employment in NZ.

I am an osteopath migrating under the SMV. I have an offer of Employment with a clinic in Taupo. the work is greater than 30 hours and long term. the problem is payment.

normal osteopathic contracts are where the associate is paid per patient at a percentage of the patients fee.

I have been advised to ask for a salary of $55,000 to gain my visa. my employer is unwilling to do this and has offered me a generous 65% for each patient. i have checked out the operational manual and it stated that the employment can be "Contract for service". as far as i can work out this means the normal osteopathic arrangement is valid?

to complicate matters is would appear the statement" Contract for service" in UK law means a self employed basis??? rather than "contract of service" which is employed???

it looks like my job offer has disappeared in all the legal nitty griitty. once again if anybody has been in a similar position any advice would be very much appreciated.

chris

[JandM]

You're going through a worrying time. Here's hoping someone in your field will have some helpful information.

A couple of thoughts, from the basis of simply reading the words. Whatever the usage in UK law, it won't have any bearing on your job in NZ. The laws are separate.

Also looking at the Operational Manual http://www.immigration.govt.nz/opsmanual/30549.htm, I agree with you that it looks as though the basis for your income ought to fit in with the regulations. It seems to me that the spirit of the rules about Skilled Employment is that you mustn't be self-employed, hence the "payment by commission and/or retainer are not acceptable," as that would mean you'd only get paid if you worked. Okay, the 65% per patient could be said to be like being paid on commission, but if you then add in the fact from your contract that you'd be getting a minimum of 30 hours per week, and presumably the employer would state what his full fee is so your regular minimum definite income could be calculated.

Has anyone from INZ queried all this, or has this just occurred to you as a problem upon discussing with your would-be employer what your contract would be?

[Karen Phillips]

Hi. It would be helpful to know at what stage you are at with your residence application. Have you had an Invitation to Apply and are now completing the SMC itself, or are you in the process of putting together an EOI? Also, are you any sort of visa now, or just visiting at present? Finally, if you get the number of clients per week that you can reasonably expect to get and they pay the standard rate - would the percentage you have been offered equate to around $55,000? With a little more information I can ask questions of people who will know the answer. I really don't know the answer right now, but my gut feeling is that this should be okay. Cheers. Karen

[Offgridchris]

many thanks for your help. i have submitted my ITA in November 2013 and im awaiting a case officer. i am in the UK and i have no other visa. my employers fees per patient are $60 or $81 and the average number is around 25 per week. i will get 60% of this fee. this is under the 55,000, but normal for osteopaths at the start of employment. this figure rises to around 40 patients per week and the percentage can rise to maximum of 70%.

the main point of my post is to find out what "contract of service" means and what is the difference between commission and piece work?

also to throw another spanner in the works. ive just found out Osteopathy is to be removed from the long term skilled shortage list. how will this effect me while im still trying to find work???

thanks in advance

[JandM]

I'm sure Karen will be onto this, asking her useful contacts.

Your last 'spanner' shouldn't be one at all. Cases are normally worked according to the rules that were in force at the time the application was lodged. You've already got your ITA, so you're past the post already and the change in regulations shouldn't apply to you.

[Offgridchris]

Thanks. Your help is much appreciated.

[Karen Phillips]

I have sent you a Private Message about this.